Ellora’s Cave: TRO Officially Denied

Today, the judge officially denied Plaintiff’s request for a Temporary Restraining Order, but not perhaps for the reason we’d hope:

The Court held a case management conference on January 26, 2015. During the proceeding, Plaintiffs confirmed that they do not intend to pursue the motion for temporary restraining order currently pending before this Court. As such, the motion for temporary restraining order filed on October 20, 2014 is hereby DENIED.

Plaintiffs indicated that because the facts on the ground had changed, the urgency associated with a temporary restraining order had become attenuated and that a consolidation of the hearing with the final hearing on the merits under Rule 65(a)(2) would avoid 2 hearings, 2 trips for defense counsel and his client, 2 briefings, and twice the use of the Court’s time and resources.

If you ever need a great example of passive voice use and abuse? “Had become attenuated” is a beautiful one.

Joining of Parties Deadline Set

The deadline for amending pleadings and adding parties: February 25, 2015.

So, we’ll just have to wait and see what’s going to happen there.

Random Legal Funny

There’s a footnote in one of Randazza’s filings that always makes me smile given that this case is about erotic romance. Bottom of p. 9:

Indeed, the seminal case in American defamation law was based on a publication that contained many factual inaccuracies, but the overall gist of the publication was not defamatory. N.Y. Times Co. v. Sullivan, 376 U.S. 254 (1964).

Seminal derives, of course, from semen/seed.

I don’t know if that particular wordplay was intentional, but it does amuse me.

Whoever PNut is they really stepped into it tonight. Threatening on behalf of EC to sue random internet commentators for being critical of EC’s practices and this lawsuit in particular. Oh that would almost be like shooting fish in a barrel. Very first motion, ID of the individual making the complaint…can’t do that as an anonymous peanut that officially claim neutrality.

Case is going as predicted by anyone with even the most cursory knowledge of the facts and the relevant legal code. Can’t wait for the inevitable flounce. Denial just isn’t going to keep PNut or EC warm at night for much longer. Sadly, all this is following a predictable trajectory, too bad that inevitable explosion will have so much collateral damage. I truly would have loved to see another end to this story.

Look, if people aren’t joined in this suit, and are then subject to a later one that’s actually filed, raise the defense of estoppel. Right now I have fog on the brain, but I might be thinking of collateral estoppel.